House Bill 0923c1

    Florida House of Representatives - 2000             CS/HJR 923

        By the Committee on Judiciary and Representative Brummer






  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 11 of Article V of the State

  4         Constitution relating to applicant rankings,

  5         deliberations, and records of judicial

  6         nominating commissions.

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  8  Be It Resolved by the Legislature of the State of Florida:

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10         That the amendment to Section 11 of Article V of the

11  State Constitution set forth below is agreed to and shall be

12  submitted to the electors of Florida for approval or rejection

13  at the general election to be held in November 2000:

14         SECTION 11.  Vacancies.--

15         (a)  Whenever a vacancy occurs in a judicial office to

16  which election for retention applies, the governor shall fill

17  the vacancy by appointing, for a term ending on the first

18  Tuesday after the first Monday in January of the year

19  following the next general election occurring at least one

20  year after the date of appointment, one person from the list

21  of all applicants submitted of not fewer than three persons

22  nor more than six persons nominated by the appropriate

23  judicial nominating commission.

24         (b)  The governor shall fill each vacancy on a circuit

25  court or on a county court, wherein the judges are elected by

26  a majority vote of the electors, by appointing for a term

27  ending on the first Tuesday after the first Monday in January

28  of the year following the next primary and general election

29  occurring at least one year after the date of appointment, one

30  person from the list of all applicants submitted of not fewer

31  than three persons nor more than six persons nominated by the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HJR 923

    687-148-00






  1  appropriate judicial nominating commission.  An election shall

  2  be held to fill that judicial office for the term of the

  3  office beginning at the end of the appointed term.

  4         (c)  The list of applicants nominations shall be

  5  submitted made within thirty days from the occurrence of a

  6  vacancy unless the period is extended by the governor for a

  7  time not to exceed thirty days.  The governor shall make the

  8  appointment within sixty days after the list of applicants has

  9  been submitted nominations have been certified to the

10  governor.

11         (d)  There shall be a separate judicial nominating

12  commission as provided by general law for the supreme court,

13  each district court of appeal, and each judicial circuit for

14  all trial courts within the circuit.  The appropriate judicial

15  nominating commission shall review the qualifications of every

16  applicant for a judicial office and shall prepare a list of

17  all such applicants in rank order based upon their

18  qualifications, along with any comments and recommendations,

19  and shall submit such list to the governor pursuant to this

20  section. Uniform rules of procedure shall be established by

21  the judicial nominating commissions at each level of the court

22  system.  Such rules, or any part thereof, may be repealed by

23  general law enacted by a majority vote of the membership of

24  each house of the legislature, or by the supreme court, five

25  justices concurring. Except for deliberations of the judicial

26  nominating commissions, The proceedings of the judicial

27  nominating commissions and their records shall be open to the

28  public.

29         BE IT FURTHER RESOLVED that in accordance with the

30  requirements of section 101.161, Florida Statutes, the title

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HJR 923

    687-148-00






  1  and substance of the amendment proposed herein shall appear on

  2  the ballot as follows:

  3          APPLICANT RANKINGS, DELIBERATIONS, AND RECORDS

  4                OF JUDICIAL NOMINATING COMMISSIONS

  5         Provides that judicial nominating commissions shall

  6  review the qualifications of all applicants for a judicial

  7  vacancy and submit a rank-ordered list of those applicants,

  8  along with any comments or recommendations, to the Governor.

  9  Also provides that the deliberations of judicial nominating

10  commissions and records relating thereto shall be open to the

11  public, as are all other proceedings and records of such

12  commissions.

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